United States v. Gregory L. Myers

WELLFORD, Circuit Judge,

concurring.

Although I concur in the result reached by the majority, I harbor serious doubts about whether the defendant was a target of any investigation at the time of his grand jury testimony, or even a putative defendant. Nevertheless, I am ultimately able to concur in the holding here simply because I find the majority’s resolution of these issues to be absolutely unnecessary to the disposition of this case. After all, there is no dispute but that the warnings provided to the defendant were constitutionally adequate, regardless of his status.

In my opinion, the wiser course would be to avoid stamping our opinion on such unnecessary and potentially ground-breaking issues as they are not properly presented for decision by our court in this case. To that extent, I do not join in the majority opinion. As a result, I write separately only to indicate that part II should be viewed as dicta.